Prenuptial Agreement Trinidad
“The court should make effective a marriage pact freely entered into by each party, with a full assessment of its effects, unless, in the prevailing circumstances, it is not fair for the parties to maintain their agreement.” Pay the woman a lump sum of $500,000.00 when the agreement is executed (the receipt confirmed by the woman attached) of a fixed deposit at First Citizen`s Bank, Chaguanas. January 1989). Unfortunately, her husband collapsed irreparably and on December 18, 2003, the complainant (male) applied for divorce. The basis was a two-year separation (as of July 2001) with the consent of the respondent (female). Item 8 of this petition refers to a separation agreement of September 10, 2003 between the parties to subject the respondent and the children to the agreements reached by the parties regarding the suppozt. The Radmacher Supreme Court, in agreement with MacLeod`s Board of Directors, but as part of White v White`s guiding principle of fairness, formulated the following test: “64 within the family,” which is contrary to public policy.6i As the Supreme Court said, “a substantial change in circumstances is considered a test justifying a dispute under the agreement.” 62 The MacLeod Chamber described this as the starting point for any exercise of assessment and discretion under Sections 27 or 39 of the MPPA and, therefore, in the case of a subsidiary action application in the case of an existing separation agreement. First of all, and most importantly, there does not seem to be any reason to include the word “obvious” before “unfair.” It is not in the legislation anywhere. Second, the diversity of actual differences that may exist between different types of marriage contracts is not recognized to the extent that it can be inferred from cases of separation agreements such as Edgar/Edgar  I WLR 1410. This is, as the majority points out, one thing, in a case such as Edgar, that concerns a separation file that was made when the parties were already separated, and quite shortly before the start of the divorce proceedings or in MacLeod, where family relations are not merely business relationships. They are often characterized by unequal bargaining power, but inequality may differ on different issues. The husband may be financially in a stronger position, but the wife may be in a stronger position with regard to the children and the house in which they live. One may be more concerned about getting or getting as much money as possible, while the other is more concerned with the organization of children`s lives. One may want to get out of the relationship as soon as possible, while the other cannot be in a hurry to separate or divorce.
All of this can move over time. We must assume that each party to a duly negotiated agreement is an adult and is capable of taking care of itself. At the same time, we must live at the risk of an unfair exploitation of a higher force. But the mere fact that the agreement is not what a court would have done cannot be enough to set it aside. There is no reason why husbands and wives who separate or are already separated should enter into legally enforceable agreements on their financial rights and obligations while living separately. l) There is nothing to prevent husbands and wives from permanently contracting their property and finances, which are supposed to work for their life together, subject to normal contractual requirements.
October 16, 2021
October 15, 2021